Child Custody in Thailand

We know the importance of Child Custody for Divorcing spouses. Child Custody in Thailand is a big issue especially for people whose marriage are currently on the rocks. Child custody can arise in any situation for families in Thailand. Most frequently, child custody disputes occur in the course of a divorce. However, many times parents are involved in a child custody disputes although they were never married. On some occasions, a married couple may be separated, but not divorced.

Separated parents also have the right to dispute their custody rights in Thailand Family courts although they are still married and not seeking a divorce.  Before diving into a long and drawn-out child custody battle, ask yourself if it can be avoided. Parents interested in obtaining sole or “full” custody often end up in court, engaged in a difficult battle because neither party is willing to compromise to reach an agreement. In such cases, the court ultimately determines who will prevail, and the outcomes can be surprising in part because there’s a higher burden of proof for the parent seeking sole custody.

That’s why it’s important to consider whether a compromise is possible and if joint custody could actually be in your child’s best interests that is, provide the greatest stability and safest environment for him or her. If, after careful consideration, you’re still convinced that filing for sole custody is your best or only option, you’ll need to prepare yourself for what lies ahead.

Table of Contents:

1. Thailand’s Law about Child Custody. 2. Legal Custody of the Child. 3. The Parental Power under the Civil and Commercial Code of Thailand. 4. How can Siam Attorney help you with your Child Custody Case?

1. Thailand’s Law about Child Custody

Thailand’s Family law uses the best interest of the child as their major policy concern in determining child custody case. The best interest of the child is also the usual standard in child custody cases in most western jurisdictions as well as in Asian jurisdictions. Accordingly, the behavior of the parents and child development issues are analyzed closely by the Thai court with the assistance of social worker reports. Under the Civil and Commercial Code of Thailand Section 1499/1 and 1521 the following section focuses on the parental power and the custody of the Child during/after divorce process of spouses:

Section 1499/1 “In case of the marriage adjudged void, the agreement between the spouses as to which party to exercise the parental power over any child, or either party or both of them to be responsible for the amount of contribution of the maintenance of the child shall be made in writing. If the agreement cannot be reached, the Court shall make decision on the matter. In making such decision, if the grounds for depriving that spouse of parental power under Section 1582, the Court may give an order depriving that spouse of the same and appoint a third person as a guardian by taking into consideration the happiness and interest of the child, and the provisions of Section 1521 shall apply, mutatis mutandis.”

Section 1521 “If it appears that the person exercising parental power of the guardian under Section 1520 behaves himself or herself improperly or there is a change of circumstances after the appointment, the Court has the power to give an order appointing a new guardian by taking into consideration the happiness and interest of the child.”

2. Legal Custody of the Child

Legal custody of a child means having the right and the obligation to make decisions about a child’s upbringing. A parent with legal custody can make decisions about the child’s schooling, religious upbringing and medical care, for example. In many states, courts regularly award joint legal custody, which means that the decision making is shared by both parents.

If you share joint legal custody with the other parent and you exclude him or her from the decision-making process. If you believe the circumstances between you and your child’s other parent make it impossible to share joint legal custody (the other parent won’t communicate with you about important matters or is abusive), you can go to court and ask for sole legal custody. But, in many states, joint legal custody is preferred, so you will have to convince a family court judge that it is not in the best interests of your child.

3. The Parental Power under the Civil and Commercial Code of Thailand.

The Civil and Commercial Code of Thailand clearly states that both parents are vested with parental power, however, in case the couple gets a divorce a Child Custody has been decided by the court, the person who will have the Parental Power shall be entitled to:

  • Determining the child’s place of residence
  • Punish the child in a reasonable manner for disciplinary purposes.
  • Require the child to do such work as may be reasonable to his/her capability and condition in life.
  • Demand the return of the child from any person who unlawfully detains such child

4. How can Siam Attorney help you with your Child Custody Case?

Siam Attorney comprises of professional people together with our experienced Lawyers. We know how difficult it is to undergo such cases that includes your children so we take this issue seriously. We dedicate our time and efforts to make sure that you will get the outcome you deserve and that you will have the best possible outcome for any case.

A child custody battle may very well be one of the most stressful experiences a parent can endure, especially when you don’t know what to expect. Even if you’re not the one making it a “battle,” you have to go into court with a solid plan of action to prove you’re the more suitable parent. Use these tips to plan your case and increase the likelihood that you’ll achieve the outcome you’re hoping for.

We are passionate about the cases and issues that we handle. We always give our 100% effort to make sure that we will get significant results. We want to make sure that you will have the result you want for the issue and cases you ask us to assist you with.

Siam Attorney is here to assist you, we are always on standby and ready to be of your service. Please contact us through our email or call us from the numbers provided below: